Government Decree No. 48 / 1945 Coll.
Regulation on the election of the Provisional National Assembly
Valid
Effective from 27.08.1945
48.
Government Regulation
of 25 August 1945
on the election of the Provisional National Assembly.
The Government of the Czechoslovak Republic hereby orders, pursuant to Article 1 (3) of the Constitutional Decree of 25 August 1945 of the President of the Republic, No 47 Coll., on the Provisional National Assembly:
Election of Members.
Election circuits.
(1) The Provisional National Assembly will be elected delegates of national committees and administrative commissions at the regional level (§ 5, paragraph 1).
(2) 200 Members and the same number of alternates are elected in the Czech and Moravian-Silesian countries, which form one constituency. In Slovakia, which forms another constituency, 100 Members and the same number of alternates shall be elected. An alternate shall be elected for each Member.
(3) Delegates are elected by the electorate who elect local national committees (local administrative commissions).
Voters.
(1) Local National Committees (Local Administrative Commission) in all municipalities will elect electors at a public meeting within a time limit to be determined by the Minister for the Interior (in Slovakia, the representative of the Slovak National Council for Internal Affairs). For every 200 (in Slovakia 500) inhabitants of Slavic nationality and for every municipality in which the number of inhabitants of Slavic nationality does not reach 200 (in Slovakia 500), there will be one voter.
(2) If all the political parties, represented in the local national committee (local administrative commission), have agreed on a joint proposal from all candidates, the President of the local national committee (local administrative commission) shall declare all persons so proposed elected. If no such agreement is reached, the election of the electorate shall take place in the presence of more than two thirds of the members of the local national committee (local administrative commission). They are elected to receive the largest number of votes. In the event of a tie, the ticket shall decide.
Delegates.
(1) The electors, elected in the district of the same district national committee (district administrative commission), shall meet at the seat of the district national committee (district administrative commission) within a time limit to be determined by the Minister of Interior (in Slovakia appointed by the Slovak National Council for Internal Affairs), in a manner specified by the order of the chairman of the district national committee (district administrative commission), and shall elect delegates to the regional convention. For every 2.000 (in Slovakia 4.000) inhabitants of Slavic nationality in the district and for each district in which the number of inhabitants of Slavic nationality does not reach 2.000 (in Slovakia 4.000), there will be one delegate.
(2) If all political parties represented in the Electoral Board have agreed on a joint proposal from all candidates, the election shall be an acclamation. In the absence of such an agreement, it is appropriate to apply by analogy the provisions of Paragraph 56 of the Land and District Councils' Election Act when choosing.
(3) The election of delegates is managed by the Regional Electoral Commission, the chairman of which is the Regional National Committee (Regional Administrative Commission) and to which each political party is appointed by two members.
(4) The district of the capital of Prague is a separate electoral district for selecting delegates to the Congress. The same applies to the other cities in which the local national committee exercises the jurisdiction of the district national committee. Voters, elected by district councils in the district of the capital city of Prague, will elect delegates to the country convention in a meeting to be convened by the mayor of the capital city of Prague by a decree within a deadline set by the Minister of Interior. Otherwise, general rules apply to the choice of delegates.
Candidate papers.
(1) Only political parties which, on the day of the publication of this Regulation, are publicly active in the territory of the Czechoslovak Republic may submit candidate lists for election to the Interim National Assembly. Also be included in the candidate lists in a reasonable number of persons proposed by interest unions, organised outside political parties, and other important elements of public life.
(2) Details of the lists of candidates, in particular their formalities, their time and place of filing, their presentation and delivery to delegates, are laid down by the Minister of the Interior by a decree in the Official Journal.
Vote.
(1) The delegates are to be assembled on a day to be determined by the Minister for the Interior (in Slovakia, the delegate of the Slovak National Council for Internal Affairs), in a manner specified by the Order of the President of the Regional National Committee (in Slovakia, the delegate of the Slovak National Council for Internal Affairs), at the seat of the Regional National Committee in whose district they were elected (in Slovakia, in a place designated by the delegate of the Slovak National Council for Internal Affairs) to elect Members and their alternates.
(2) The election is headed by the Regional Election Commission, the chairman of which is the chairman of the Regional National Committee (in Slovakia the President of the Slovak National Council), to which each political party is appointed by two members.
(3) If only one joint candidate list of all political parties represented in the College of Delegates of the constituency concerned has been submitted, the election shall be made by acclamation. If more than one candidate document has been submitted, the ballot will take place. The census and the division of mandates shall be carried out by the Regional Electoral Commission. Article 45 to 48 of the Regional and Regional Councils' Election Act applies mutatis mutandis to the choice.
(4) The President of the Regional Electoral Commission shall, as soon as the negotiations have been completed, send a copy of the election note to the Minister of the Interior, to which he shall, in addition, communicate the result of the election by telegraph.
Optional.
The selectivity of voters and delegates.
(1) The electorate or delegates may be elected to an upstanding, national, state and democratically reliable national citizens of the Czechoslovak Republic, Czech, Slovak or other Slavic nationality, regardless of gender, who, on the day of the election, have reached the age of 18, residing, if they are voters, in the municipality concerned, and if they are delegates, in the district concerned; However, they need not be members of national committees or administrative commissions.
(2) Military persons in active employment and members of the National Security Corps may also be elected.
Election of Members.
(1) Members of the Provisional National Assembly may be elected as members of an upstanding, national, state and democratically reliable national citizen of the Czechoslovak Republic, Czech, Slovak or other Slavic nationality, regardless of gender, who reached 21 years of age on the day of the election and were nationals of the Czechoslovak Republic on 28 September 1938.
(2) Paragraph 6 (2) applies mutatis mutandis.
Corrective management and verification of elections.
Announcement of election results.
(1) The outcome of the election of the electorate (§ 2) will be announced by the President of the local national committee (local administrative commission) and the result of the election of delegates (§ 3) by the President of the district electoral commission without delay by a public decree and in a manner in the municipality (in the district).
(2) The result of the election to the Interim National Assembly will be published by the Minister of Interior in the Official Journal.
Corrective procedure.
(1) Complaints for election of voters and delegates may be filed within three days of the date of the announcement of the election result with the national committee at whose seat the election took place. Only the electorate (delegates) elected in the district concerned may submit a complaint. The National Committee will also file a complaint with the electoral files within 24 hours to the superior national committee (in Slovakia, the delegates of the Slovak National Council for Internal Affairs), which will decide definitively.
(2) The Government will decide on complaints for elections to the Interim National Assembly.
Authentication.
(1) The District National Committee (Regional Administrative Commission) will examine definitively whether persons who are not optional have been elected electors.
(2) The Regional National Committee (in Slovakia, the delegate of the Slovak National Council for Internal Affairs) will examine definitively whether persons who are not optional have been elected delegates.
(3) If this is the case, the choice of the person not electing shall be declared null and void. This Decision shall be published in the Official Journal of the European Union.
(4) The election of the members of the Interim National Assembly examines and verifies the House, which will elect a special committee for this purpose. In doing so, it shall apply mutatis mutandis the provisions governing the jurisdiction of the electoral court and the proceedings before it. The nullity of the choice of persons not electing shall be published in the Official Journal.
Final provisions.
The number of inhabitants of Slavic nationality, responsible for determining the number of voters and delegates, shall be determined according to the result of the census carried out in 1930.
Further details of the electoral procedure shall be laid down by the Home Secretary's directives.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Minister for the Interior in agreement with the other members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
David v. r.
Gottwald v. r.
Broad v. r.
Ursines v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.,
Same as Minister Masaryk
Lt-Gen Ferjenčík v. r.
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Regulation Information
| Citation | Government Decree No. 48 / 1945 Coll., on the Choice of Provisional National Assembly |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.08.1945 |
|---|---|
| Effective from | 27.08.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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